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Oscar Pistorius sentencing: witness says more prison would have 'detrimental effect' – live Oscar Pistorius sentencing: witness says more prison would have 'detrimental effect' – live
(35 minutes later)
2.44pm BST
14:44
Summary: day one
Claire Phipps
The first day of the hearing to determine what sentence Oscar Pistorius will receive for the murder of Reeva Steenkamp has concluded.
Here are the key developments.
Two witnesses will speak in mitigation
Scholtz: Pistorius should not return to prison
Further imprisonment would have a detrimental effect on him.
[It] would not be psychologically or socially constructive.
Mr Pistorius would be better served … if he gave back in a positive and constructive way, using his skills.
Pistorius will not testify
I don’t think he is able to be a witness in this trial: his condition is severe.
‘His risk of reoffending is low’
But he was ‘verbally violent and aggressive’ in prison
There are conflicting versions of his time in prison
Pistorius ‘accepts he murdered Steenkamp’
Nel: Did Mr Pistorius indicate to you that he intentionally shot at the door knowing there was a person in the bathroom?
Scholtz: Yes …
Nel: That’s the first version of him intentionally shooting at the person that we’ve had in this court.
It’s not clear if the Steenkamps will testify
This is the kind of person he is … It was not seen by him as some kind of means to change anything … This is what he does: he helps.
The court resumes on Tuesday at 9.30am local time (7.30am GMT), when we expect to hear from the second witness for the defence. The live blog will return then. Thanks for reading and for your comments and questions.
2.17pm BST
14:17
#OscarPistorius -- leaves the court after day one of his sentencing hearing. He walks right past me. pic.twitter.com/muvSRXo7lA
2.08pm BST2.08pm BST
14:0814:08
Scholtz and Roux agree that two medications found in Pistorius’ cell (apologies, I did not catch the name of the drugs) were “not illegal”. Scholtz and Roux agree that two medications found in Pistorius’ cell, one of which was Molipaxin (apologies, I did not catch the name of the second drug), were “not illegal”. Both are antidepressants.
[Edit: a reader via Twitter points out that the second drug mentioned was Cipralex. Many thanks.]
The witness is now excused. The first witness testimony is done.The witness is now excused. The first witness testimony is done.
Court now adjourns to tomorrow at 9.30am local time (8.30am GMT).Court now adjourns to tomorrow at 9.30am local time (8.30am GMT).
I will post a summary of today’s events shortly.I will post a summary of today’s events shortly.
Updated
at 2.16pm BST
2.06pm BST2.06pm BST
14:0614:06
Barry Roux says Pistorius paid the R6,500-a-month to the Steenkamp family without any conditions.Barry Roux says Pistorius paid the R6,500-a-month to the Steenkamp family without any conditions.
Scholtz: This is the kind of person he is … It was not seen by him as some kind of means to change anything …Scholtz: This is the kind of person he is … It was not seen by him as some kind of means to change anything …
This is what he does: he helps. It comes almost naturally to him and he enjoys doing it.This is what he does: he helps. It comes almost naturally to him and he enjoys doing it.
2.03pm BST2.03pm BST
14:0314:03
Roux turns to the incident mentioned by Nel in which Pistorius apparently banged his hands on a table.Roux turns to the incident mentioned by Nel in which Pistorius apparently banged his hands on a table.
Roux says Pistorius was frustrated because he had swollen hands and a medicine (Voltaren, an anti-inflammatory drug) brought to the prison by his family was not given to him.Roux says Pistorius was frustrated because he had swollen hands and a medicine (Voltaren, an anti-inflammatory drug) brought to the prison by his family was not given to him.
Scholtz says this was a situation of high stress. One incident doesn’t mean that a person has a violent personality.Scholtz says this was a situation of high stress. One incident doesn’t mean that a person has a violent personality.
1.59pm BST1.59pm BST
13:5913:59
Barry Roux, for the defence, is on his feet again for re-examination.Barry Roux, for the defence, is on his feet again for re-examination.
He asks Roux to read from a different section of the prison psychologist report, which concludes that the risk of reoffending is low.He asks Roux to read from a different section of the prison psychologist report, which concludes that the risk of reoffending is low.
Scholtz says he agrees with this part.Scholtz says he agrees with this part.
1.57pm BST1.57pm BST
13:5713:57
Why were you at first reluctant to take on the writing of this report, Nel asks Scholtz.Why were you at first reluctant to take on the writing of this report, Nel asks Scholtz.
Scholtz says it was an “ethical dilemma” – because he had already assessed Pistorius in 2014, and “your objectivity is affected the second time”.Scholtz says it was an “ethical dilemma” – because he had already assessed Pistorius in 2014, and “your objectivity is affected the second time”.
You’re biased towards the accused, Nel alleges.You’re biased towards the accused, Nel alleges.
Scholtz says he merely tried to “present the court with this person in the fullest extent”. He wanted the court to “see the person that is being sentenced”.Scholtz says he merely tried to “present the court with this person in the fullest extent”. He wanted the court to “see the person that is being sentenced”.
That’s it – Nel takes his seat.That’s it – Nel takes his seat.
1.55pm BST1.55pm BST
13:5513:55
If someone is suffering from PTSD, is it safe for him to work with children, Nel wants to know.If someone is suffering from PTSD, is it safe for him to work with children, Nel wants to know.
Scholtz says he wouldn’t expect there to be any problem. Pressed by Nel he says Pistorius might “snap” if there was a confrontation, or pressure builds up, or an argument – but says this is unlikely to be a problem working with children.Scholtz says he wouldn’t expect there to be any problem. Pressed by Nel he says Pistorius might “snap” if there was a confrontation, or pressure builds up, or an argument – but says this is unlikely to be a problem working with children.
UpdatedUpdated
at 1.55pm BSTat 1.55pm BST
1.52pm BST1.52pm BST
13:5213:52
Nel says Scholtz failed to include the negative portions of the prison psychologist report in his own report.Nel says Scholtz failed to include the negative portions of the prison psychologist report in his own report.
Scholtz said in his own assessment he “could not find any anger or aggression” in Pistorius.Scholtz said in his own assessment he “could not find any anger or aggression” in Pistorius.
1.50pm BST1.50pm BST
13:5013:50
Gerrie Nel is not letting go of this point. He continues to read from the prison psychologist report, which says that Pistorius refused to acknowledge he had committed a crime.Gerrie Nel is not letting go of this point. He continues to read from the prison psychologist report, which says that Pistorius refused to acknowledge he had committed a crime.
Scholtz says he saw Pistorius a year later:Scholtz says he saw Pistorius a year later:
It is not like that now.It is not like that now.
He knew that you were seeing him to draft a report for re-sentencing, Nel says.He knew that you were seeing him to draft a report for re-sentencing, Nel says.
1.48pm BST1.48pm BST
13:4813:48
Judge Masipa intervenes: she wants to know more about the prison psychologist report.Judge Masipa intervenes: she wants to know more about the prison psychologist report.
It says that at the beginning he struggled to adapt to prison life and was verbally violent, she says.It says that at the beginning he struggled to adapt to prison life and was verbally violent, she says.
It doesn’t say anything about him being violent in nature.It doesn’t say anything about him being violent in nature.
Scholtz agrees:Scholtz agrees:
I am happy with my view that he is not a violent man.I am happy with my view that he is not a violent man.
1.45pm BST
13:45
#OscarPistorius Scholtz says anger is normal for someone suffering from PTSD. ‘But he’s not a violent person in nature'
1.43pm BST
13:43
Scholtz says he spent 27 hours with Pistorius and it was not his impression that he was violent and aggressive.
Nel says the prison psychologist saw Pistorius on three occasions. Scholtz insists the report is “limited”.
1.41pm BST
13:41
Scholtz says he thought the report was “unscientific”.
Nel is incredulous: it is a factual paragraph, he says. Why did you not talk to the prison psychologist if you did not agree with her, he asks:
Why would you select only positive things that suits your view … Why would you do that?
Why was the prison psychologist report not included in Scholtz’s report, Nel wants to know:
You never mentioned another report to this court: why?
Scholtz says he didn’t want to “single out” a colleague. He didn’t agree with her findings.
1.38pm BST
13:38
#OscarPistorius Nel turns to the report Scholtz gave to the court - Nel asks why the report didn't include a report by prison psychologist?
Scholtz says he did read that report, but he “didn’t deem it necessary” to refer to it in his own report.
Nel: I know why.
He reads from the report, which says Pistorius was “verbally violent and aggressive” towards staff in prison.
Scholtz says he thought it was a “poor report”. He says Pistorius was going through an “adaptation” of being incarcerated.
Nel: I find your answers to be totally biased to the accused. They are not objective.
1.34pm BST
13:34
Do you think you can be objective, Nel asks Scholtz. Are you able to put all factors before the court, positive and negative? Scholtz says yes, he can be objective.
1.31pm BST
13:31
Having gone through a trial would cause depression, wouldn’t it, Nel asks Scholtz.
The doctor agrees that it would exacerbate depression. He says there is no “easy fix”, it could take years for his condition to improve.
Scholtz: There is consistent adversity. The trial isn’t finished, he doesn’t know where he stands.
1.29pm BST
13:29
Nel wants to know about Pistorius’ current medications.
Scholtz says yes, for depression, anxiety and insomnia, prescribed by his own psychiatrist, Dr Bosch.
You’re of the opinion that Pistorius needs to be hospitalised, Nel says – don’t you think you should have mentioned this to the psychiatrist?
Scholtz said he mentioned it to Bosch and to the defence.
Did Bosch or the defence counsel do anything, Nel wants to know.
No, Scholtz says.
1.26pm BST
13:26
Court resumes
Judge Masipa arrives and the hearing begins again.
Gerrie Nel requested this lengthy break in order to consult with prosecution experts about the report by psychologist Dr Jonathan Scholtz, a witness appearing for the defence.
1.09pm BST
13:09
Oscar Pistorius, who left the courtroom during the break, is now heading back. The hearing is due to resume in around 20 minutes.
#OscarPistorius walking back to court.@MarykeVermaak pic.twitter.com/KfNJHVRtPH
11.41am BST
11:41
What we've learned so far
Claire Phipps
The court has now taken a break until 2.30pm local time (12.30pm GMT) to allow the state to consult its own experts on the contents of the defence psychiatric report.
Here’s what we’ve heard so far in this first morning of Oscar Pistorius’ sentencing hearing for the murder of Reeva Steenkamp:
First defence witness
Further imprisonment would have a detrimental effect on him.
[It] would not be psychologically or socially constructive.
Mr Pistorius would be better served … if he gave back in a positive and constructive way, using his skills.
I don’t think he is able to be a witness in this trial: his condition is severe.
Cross-examination
Nel: Did Mr Pistorius indicate to you that he intentionally shot at the door knowing there was a person in the bathroom?
Scholtz: Yes …
Nel: That’s the first version of him intentionally shooting at the person that we’ve had in this court.
I’ll be back with further live updates when the court resumes.